Employment Discrimination Blog

Is firing someone due to his or her intention to enter into a same-sex marriage the same as discriminating against him or her for sexual orientation?

An openly gay band teacher at a Catholic school in Georgia was fired from his position in 2014 after announcing that he would enter into a same-sex marriage. The teacher is claiming that he was discriminated against due to his sexual orientation based on the recent landmark United States Supreme Court decision making same-sex marriage legal in all 50 states. He has brought a civil action against the school in Federal court.

Flint Dollar was hired as a band teacher at Mount de Sales Academy in Macon, Georgia in April of 2011. Dollar claims that during the hiring process he revealed to school officials that he was gay and living with his partner. In May of 2014, Dollar announced to officials that he planned to marry his long-time partner later that year. Dollar also made this announcement via Facebook. Several weeks later, he was fired, even though he had just signed a contract for the 2014-2015 school year.

The school based the firing of Dollar on the fact that he intended to enter into a same-sex marriage, which violated the teachings of the Catholic Church. Dollar claims that he was never aware that he could be fired for a behavior that violated church teaching and that other employees, such as those that are heterosexual and live with their partners prior to marriage, and those that are divorced, had not been fired, even though both activities clearly violate the teachings of the church.

Dollar alleges in his lawsuit that he was discriminated against due to his sexual orientation. The school maintains that he was fired not due to his sexual orientation, but due to his intention to enter into a same-sex marriage in clear violation of church teaching. The school cites to its goal of providing an education that is based on church doctrine and the local Diocese and other organizations, such as the Cardinal Newman Society and the Catholic University of America, have come out in support of the schools decision.

If you believe that you have been discriminated against due to your sexual orientation or any other protected characteristic, please contact Pankey & Horlock today. Our team of Georgia employment discrimination lawyers can be reached at (770)670-6250.